· 7/20/1995
State v. Abeyta
Citations
- 901 P.2d 164
- 120 N.M. 233
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[sjelf-defense is only a justification for a killing, and thus a lawful act, if all the elements necessary for self-defense are met”
- indicating the jury must be told that it must acquit if it finds a defendant acted in self-defense in order to avoid conflicting instructions
- indicating the jury must be told that it must acquit if it finds a defendant acted in self-defense in order to avoid conflicting instructions
- “shooting at someone with a rifle, if not justified as perfect self-defense, would be a felony assault”
- stating the use of excessive force renders the action unlawful and the action cannot be deemed to be a lawful act done in an unlawful manner as required by the involuntary manslaughter statute
- stating the use of excessive force renders the action unlawful and the action cannot be deemed to be a lawful act done in an unlawful manner as required by the involuntary manslaughter statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Baca, Ransom, Frost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.